Little Falls transcript. [volume] (Little Falls, Morrison County, Minn.) 1876-1894, 1887-03-25


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80. aud section Axe IS, and section seven "a
sor the General Statutes Of the State Of Mime
game and al acts aeadatory thereot ss hs, and ID
the same are, hereby repealed; and all acts and
parts Ct acts anccasistet with this act arg hero
SEC. s. This act shall take effect and she in
force from and after It's passage. 2. ~
Approved Mareh 9th, 1887 =, -
AN ACT to encourage the raising and prosaga-
waters ana premises used for that purpose.
Belt enacted by the Legislature Of the State Of
Minnesota: - ,.- r..
SECTION l. Any person or Incorporation desiring
to raise, cultivate. preserve or propagate
sneckled. river, salmon, mountain, hybrid or
nrook trout, In any stream, pond or lake within
thls state, flowing through or situated upon
land owned or leased by him Or it, shall post in
at least two conspicuous places upon such land,
unrabie signs setting forth the name of the
owner or lessee that such premises are devoted
TO the purposes OF q fish pond. pound or preserve;
ana LhaC thereafter any person or persons enter
ing upon such premises without permission or
authority Of the owner or lessee viii be guilty Of
trespass, and liable to be punished according to
the law OF The State of Minnesota. II Il stream
Is sonHht to be preserved, such signs shall be
posted upon [itsl che banks, one ut each end, Ut
points intermediate. not more than half a mile
apart; and the wnole Of such stream between
these upper and l"wer points shall be protected
ana preserved BY this act.
SEC. 2. Any person or corporation DESTROYS Of
30 raising, oultivatiug, preserving propsgating
or Keeping such trout III any stream or water be-
right and are hereby authorized to erect, con-
slrnct and maintain upon such premises or In
or upon such stream or water. sEch dams,
sluices, screens wires, pens gates, oDsuruc5ions,
Things Of every description. which may be by
nlfn or 1t deemed necessary tor such purposes,
provided, the same shall not in any: way Oh.
sgruet navigation, or cause the overiowing OF
any lands not owned Or leased by him or 1t. nor
the Interfering with the rights or Drjvi-
ieyes previously acquired by any other
that no dam or other artificial obstruction
OF any kind shall be placed or built IN any water
or stream which snail in any way impede or pre-
vent trout going freely to any other part or por-
ton OF such stream or water where they had
previously gone. unless hslWay over said ob
stIuction or dam shall be built and maintained
In the manner and OF the kind hereinafter de-
scrlbed. II such dam or obstruction shall be
built or maintained Without such proper fish
way, any person Interested may file with
magistrate or court having jurisdiction under
this act an affidavit setting forth the facts. when
the OFFENDING person, persons or corporation
guilty, the court shall order the sheriff Of the
county to remove such obstruction or DAM and
shall enter Judgment to vAat effect, with costs,
Which, together with expenses OF such removal,
1aay be collected by execution
All fishways shall be constructed in manner
and according TO plans satisfactory to and which
shall be approved by the commissioners OF fish
cries Of the State of Minnesota.
SEC. 3. Any person OF persons who shall or
VINO shall attempt to- without authority from
ths owner or lessee, tear down, DESTROY, deface,
1pJure or muGilate. or cause to be torn down, de-
stroyed, defaced, injured rnutilated, or shall
tanper with or attempt to taElper with any
DAMS slulcts, screens, pens buildings. boats,
slgns, docks or other contrivances article
erected constructed OF used pursuant to the
PROVISIONS OF this aot, for the purposes afore-
SAID shall be guilty Of Il misdelneanor and, upon
conviction thereof, shall be subject to fine for
each such oHense, rot less than twenty-five dol
lars nor more than one hundred dollars, and by
i'm prisonrGent in the county jail not less than
lhlrty nov more than ninety days, and shall be
liable also to the owner or lessee Of the premises
In civil action In treble damages for Injuries
done: but nothing in this section shall be con-
strued 10 prevent prosecution and punishment
in lieu thereof for any act declared offense ly
any other statute or law OF this state. ana for
Which greater penalty can be imposed than is
prescribed by this act.
SEC. 4. Sucn person or corporation shall have
the exclusive control OF and own all such fish az
may at any and all tunes be in Such stream or
water so protected aud preserved, whether the
same De actually ;1:t'sed, cultivated, brad or
placed therein by him or it, or shall! naturally
come into such stream water from other
streams or waters.
SEC. .. 1t any person or persons shall enter
in or upon the premises, stream or waters so
preserved and protected without consent of the
owner Or Lessee, ne or they shall be gnilty of
tresrass; and II, after such trespasser or tres
passers snail SO enter he or they shall set or put
or attempt to set or prt any seine, net, hooks
either device Or contrivance for catching or kill
Ing fish, into said water or stream, or Shall fish
or attempt to fish therein, by or with hook and
nhe, or Ill any other manner, or by shooting fish
therein with q gun, pistol. or bow and arrow. or
ny using or attenpting TO use spear or gig,
they shall, in addition to being guilty of tres
pass, be guilty Of a mlsdemeanOr.
SEC. &. ANY person Or persons or officers or
servants OF any corporation who shall place or
explode in any streams or water so preserved
dy aauute, gun cotton or other explosive sub
Stance. or deposit, or allow to be deposited any
dye stuff, coal tar fish berries, refuse, lime or
any other substance yleeserious or Injurious to
t1sb, or Cause or allow the same or any OF the
same to run OF flow into or npon such wabers or
stream shall, upon conviction thereof be fined
not less than fifty t5o| dollars nor more than one
hundred tl0O) dollars for each offense, and in
addition thereto be imprisoned in the county
Jail for not less than thirty {3O) nor more than
ninety (9O) days. And such person or persons and
the corporation whose officers or servants shall
violate this section, Shall be liable, IN q civil
action, to the owner or lessee OF such stream or
WATERS IN treble damages, for I'll injury thereby
SEC. 7. No person or persons shall set or nut
any nets, seines, hooks other device for catch
1ng hsh, or any substance injurious to fish, in
any OF the waters Of Lake Superior. within this
state, within the distance Of one thousand yards
from the mouth OF ANY stream flowing into said
lake, or SO as to prevent the tree passage Of fish
TO the mouth Of said stream, and upon convic~
of 1nisdemeanor.
SEC. 8. All nets seines, or other oontrivances
or devices for catching OF killing fish, If found
pla>ed. used or attempted to be used upon any
premises. streams OF waters protected and pre-
served by this act or in LaRe Superior within
the limits or In the manner prohi bited by this
;lco small be and are hereby declared contra
band, and any person finding the same or any Of
the same, upon or in any such premises streams
or waters. is hereby authorized to destroy the
Same. and no action FOR damages, or any criu,i-
nal proceeding shall Lie against him for such de-
structon.
Sec. o. Any person Or persons who shall
place or cause 80 be placed in any water or
streams sought TO be preserved aud protected
under this act, or i'll Lake Superior. within 500
yards OF the mouth OF any stream dowia;; into
said lake. any fish or fish spawn, other than
trout OF trout spawn. shall be guilty OF nlisds-
1neanor
SEC: 10. If any person. persons or corpora
t1on shall catch or have in MIS- their. Its pos
session. any trout such as are described in this
act save and except. between the tiras day Of
May and the 18th day OF September in each
year: OF it any person. persons. firm,
mon carrier shall reoeiye fos srsnsports atom
or shall transport any such trout save and ex-
cepS between sgch dates. ne, they or it shall be
THEREOF, shall be fned the sum OF one dollar
$1,000 for each and every trout 80 caught, had,
transferred, or attempted to be transferred, TO-
Rether with cost OF prosecution, and such fish
shall be declared contraband, and sold as in this
act herein provided.
If a corporation is accused Of violating this
section. the WARRANT may be served upon any
OFFICER, agent OF emppye of said corDora zion,
which shall be considered service upon the cor
poration, and execution 70 collect the fine i'm
posed nay be issued against any person, per
sons or corporation adjpdged guilty, but nothing
in this section shall prevent any person. per-
sons or corporation owning trout protected and
preserved by this act, from catching and having
them at any time, ter to prevent person. coul.-
mon carrier or express COMPANY from receiving
and transporting the same AZ any time, provided
the shipment OF trout is accumulated by a.
written statement signed by the owner or lessee
Of such fish pond, pound Or I.eserya Sailing In